Criminal liability and gbh problem question

Any help would be much appreciated! Gavin might try to rely on consent as a defence here. Collins v Wilcock [] 1 WLR Battery is defined as intentionally or recklessly inflicting unlawful force on a person without consent: Gavin tries to impress Stacey by pretending that he is adventurous in bed.

Gavin and Stacey have been dating for one month. By consenting to sexual intercourse Stacey is not to be taken to be consenting to the risk of HIV: Thus, the defence of consent will not be available to Gavin and he will be guilty of maliciously wounding or inflicting GBH under section 20, OAPA In fact, she should have ensured that he was tested for HIV before having sexual intercourse with him, but instead she consented to sex.

He says he did not know that methylated spirit was so inflammable. Answer Two This question Criminal liability and gbh problem question consideration of the liability of Gavin for non-fatal offences against the person. The mens rea required is intention or recklessness about causing some harm.

Consent will be a defence for Gavin because Stacey consented to having sexual intercourse, and this is a defence to a charge of section So, the fact that she consented to having unprotected sexual intercourse means that she has consented and that Gavin could not be guilty of the offence under section This is reckless of Stacey, and she should really have not believed Gavin because they have only been going out for one month.

The mens rea of battery is present. There is clearly a battery here. Robert claims that he did not mean to burn down the hut and that it did not occur to him that this would happen. There is psychiatric evidence that Robert has an IQ significantly below the average.

To reveal our marking guidance, click on "Suggested mark" to see if you are correct. Stacey was not aware that Gavin was HIV positive and she consented to having unprotected sexual intercourse.

He will also not be guilty of rape, because she has consented to sexual intercourse. Stacey later tests positive for HIV. Consent will provide no defence to Gavin because Stacey did not consent to running the risk of the transmission of HIV.

This is an unusual problem question and the guidance given on how to answer problem questions is not as helpful as it will be in other cases.

There is also another case about the transmission of HIV. Savage; Parmenter [] 1 AC Read the guidance commentary by hovering over the underlined text to find out the reasons behind the mark, developing your understanding of what makes a good answer.

Focus on the material we have covered in the course and on the issues the question is asking you to focus on. He asks Stacey if she will let him brand her buttocks with a butter knife. The general rule is that consent is only a defence to assault and battery.

This offence requires proof of an assault or battery that causes ABH. Problem question Read these two answers and assess what mark you think they should get and why, entering it into the box.

Suggested Mark - Fail This question is about the non-fatal offences against the person and requires consideration of the liability of Gavin for some of these offences against the person. A wound is a break in the continuity of the skin: ABH is where the defendant injures the victim, but the injuries are not very serious, but they are just likely to cause discomfort and this is likely to be satisfied.

Gavin hopes to transmit HIV to Stacey.

They are badly affected by smoke and have to be detained in hospital. This offence requires proof of an assault or battery that causes Actual bodily harm ABH. Gavin might also be liable for the transmission of HIV.

He is in a rather agitated state due to some of his few possessions recently having been stolen, and he does not notice that the spirit has spread to a pile of rags which catch fire.

However, in Wilson, the Court of Appeal compared the act of branding to tattooing, which is rendered lawful by consent. The scrap wood that he has collected will not ignite, so he decides to pour some methylated spirit over it.Top Marks For Problem Question Answers (Part 1) Posted on: September 15th, | in Criminal law During our last tutorial, my OU students and I discussed how to maximise their marks on criminal law problem questions.

Problem Question Examples; Example Law Coursework; Dissertations; Criminal liabilities across a range of different offences Question. At the point of entry there must be an intent to steal, commit Grievous Bodily Harm (GBH) or criminal damage.

Considering the examination of criminal liability in the given problem question can be concluded that Tom is more probable to be proved liable for the most serious offences and Edward and Dave for battery. How should i approach problem questions in criminal law?

- Answered by a verified Criminal Lawyer How should i approach problem questions in criminal law. Customer Question? How should i approach problem questions in criminal law? Submitted: 9 years ago. Advise Ian and jane of the criminal liability.

What. Criminal Liability Problem Question - PLEASE HELP!! watch. Announcements. Consider Robert’s criminal liability as it would have been before the decision in G and as it would be now. Is the current position satisfactory? GBH .